Brennan is seeking $250,000 in compensatory damages and $20,000 for lost overtime in the whistle-blower complaint filed in Multnomah County Circuit Court.

The lawsuit alleges that Reese transferred Brennan out of Central Precinct, after the officer raised concerns that Nice had overreacted on a minor case and seemed to be under too much stress following his involvement in the James P. Chasse Jr. death-in-custody case. Brennan alleges the move is part of a pattern of retaliation against him since he complained in 2006 that a traffic sergeant had groped his wife at an off-duty party.

Leonard's e-mail

Brennan may have gotten a boost from city Commissioner Randy Leonard, who told Brennan that he supported him in an April 13 e-mail. Leonard, who has been a big supporter of Reese's, called Brennan's transfer to the evidence warehouse an "abuse of management rights."

"Thomas -- I am hoping a change comes to the management of the Police Bureau sooner rather than later," Leonard wrote. "When that happens, it is at the top of my list to let the chief know that I consider your transfer an abuse of management rights and that any words about setting a new tone need to be followed by deeds ... starting with you getting back out onto the street."

Mayor Sam Adams named Reese as chief last Wednesday after yanking the job from Rosie Sizer. Since he was named chief, Reese has declined to answer repeated questions about the Brennan case, calling it a personnel issue.

Brennan's lawyer, Kevin Keaney, said the suit's timing had nothing to do with the change in chiefs.

Transfer a first

He noted that Reese was Brennan's commander at the time Brennan was transferred to the evidence warehouse, marking the first time a uniformed rank-and-file officer had been assigned to the job.

"Why is Tom in exile there?" Keaney asks, noting that six months have passed. "He's a highly trained, highly intelligent police officer. He can be doing something else which is more valuable for the city."

Brennan criticized his commander for allowing Nice to remain on the street in a Nov. 21 e-mail to city commissioners and the media. He specifically described an Oct. 26 meeting with Reese, in which he raised concerns about Nice's response to a call to move along two homeless men playing music outside Huber's restaurant a few nights earlier.

Brennan said he already had persuaded the two men to walk away when Nice arrived and ratcheted up the confrontation, yelling at the two men and using coarse language. At the time, Brennan said Reese assured him that Nice's "oil level" was being monitored.

Reese's e-mail

After Brennan's e-mail went out, Reese sent his own e-mail on Nov. 23 to the media and commissioners. He also said in an interview then that the Huber incident was "thoroughly investigated," that Nice "acted completely and absolutely professionally" and that there was no basis for Brennan's complaint.

Brennan said he was never interviewed as part of that investigation, and the two transients hadn't been contacted by police when Reese sent his responding e-mail to commissioners. Brennan also plans to show that Lt. Ron Alexander, whom Reese had assigned to investigate the complaint, went back to Huber's restaurant the night of Nov. 23, the same day Reese sent his response to commissioners.

Earlier this year, Nice was put on desk duty after he was involved in an April 3 off-duty road-rage encounter in which he unholstered his gun and is accused of flipping off another motorist in traffic.

Keaney said he wrote two letters to former Police Commissioner Dan Saltzman, asking that Brennan be placed back on the street, and got no response. "As you know," Keaney wrote, "subsequent events has proven the validity of Officer Brennan's observations."